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View Diary: The contorted contours of Congressional power according to the radical Roberts Court (197 comments)

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  •  With feeling and a step by step progression to .. (0+ / 0-)

    ..follow, with the vulnerabilities in their arguments exposed:
    If:

    The Constitution delegates limited powers to the National Government and then reserves the remainder for the States (or the people), not the other way around, as the Court’s analysis suggests. -  Kennedy
    Then: the next point  explains why the argument I've heard from the right about the person who "was born...
    Fair enough, but how then is a person who has, at some time, entered the health care market any different in that respect? (Setting aside the fact that health care and health insurance are clearly species of interstate commerce and criminal law is not.)
    ..and lived a full life without ever setting foot in a hospital"  is a bs argument; because nearly everyone has benefited in some way from national health if nothing more than a flu, smallpox vaccinations, or being born in a hospital etc.

    And even if that isn't considered; in an emergency or accident , anyone will receive emergency hospital care.

    Therefore no matter how"discrete and narrow" exercise of authority over a small class of persons it is:

    ...the federal government's detention of persons not based on their current activity is a "discrete and narrow exercise of authority over a small class of persons already subject to the federal power." It is not clear to me how any honest and reasoning person could find such an exercise of power within the Commerce and Necessary and Proper power and then find the requirement to purchase insurance or alternatively, pay a penalty, to exceed that authority. Such a result would not be principled.
    Thank you Armando for the clarity on this -

    P.S. Post is much more clear than my comments wording suggests

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